sunnyonemorevictim 14 April 2015

False 498a, witness not coming to court

False 498a case was filed on husband + parents intentionally by wife just to harass husband and his parents. Charge sheet filed and charges are framed. But witness not coming to court. Court is just giving the dates.

Some of the experts here have responded saying warrants can be initiated. But is serving summons mandatory ? She has intentionally given a fake/false address and misguided the court. There is no way the summons can get served to the address mentioned in the complaint as there is no such address existing. What should be the next step ? can warrants be initiated against the witness ?

Note: Since the thread was not fully answered raising query here to get the advise.

https://www.lawyersclubindia.com/experts/False-498a-witness-not-coming-to-court-532721.asp

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3 Replies

Adv. Chandrasekhar (Advocate) 14 April 2015

You have been fairly advised by experts. You can move application asking the court to dispose the case, as the prime witness, the complainant is not coming to give evidence. If the judge dismisses your application, then go in revision to Sessions Court/High Court. Needless for you to advise the court that it should serve summons/warrants against the complainant to giver her evidence. The court knows how to serve bailable/non-bailable arrest warrants against the complainant to be served through the area SHO. Once he files his report that the warrants could not be served as the address was fake, you will be discharged from the case.